Rule 82-4. Preparation of Certification Request

The certification request shall be prepared by the certifying court, signed by the judge presiding at the hearing, and forwarded to the Supreme Court by the clerk of the certifying court under its official seal. Upon receipt of the certification request, the appellate clerk shall notify the parties who shall be allowed a period of ten days from the date of such notice to file objections to the acceptance of the certification request. The Supreme Court shall either preliminarily accept or decline the certification request. The appellate clerk shall notify the clerk of the court requesting certification and all parties of the decision or order on the certification request. If the Supreme Court preliminarily accepts the certified question, the plaintiff in the court that requested certification shall be deemed the appellant, and the defendant in such court shall be deemed the appellee unless otherwise ordered by the Supreme Court. The Supreme Court may later reject the certification if it should appear to have been improvidently granted. The Supreme Court may decline to answer the questions certified whenever it appears that the questions have been improperly framed, the necessary facts have not been fully set forth, or, for any other reason, certification has been improvidently granted. The Supreme Court may also request that the certifying court provide additional facts required for a decision upon the questions certified and clarify such questions when necessary. If the Supreme Court grants the certification request, it may require the appellant to file those portions of the record that the Supreme Court deems necessary to answer the certified questions.

Committee Notes

(P.B. 1978-1997, Sec. 4171.) (Amended Sept. 16, 2015, to take effect Jan. 1, 2016.)